7.9.2 Worker makes a Referral for Arbitration
A worker can request that their dispute is referred to arbitration by completing and submitting the Referral for Arbitration Form to WIC Workplace Injury Commission within 60 days of:
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the Genuine Dispute A genuine dispute is one in which the parties cannot reach an agreement but the conciliation officer considers the dispute is genuine. certificate being issued, or
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the previous arbitration proceedingsbeing dismissed.
Extension of time and late referrals for arbitration
A worker or their representative can submit to WIC:
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a Request to Extend Time to Lodge a Referral for Arbitration form within 60 days of receipt of the Genuine Dispute certificate, providing the reasons for the request, or
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an out of time Referral for Arbitration Form (i.e. a referral made outside of the required 60 days from receipt of the Genuine Dispute Certificate), which must be accompanied by written reasons for making the late lodgement.
Upon receipt of the application/late referral, WIC will contact the Agent or Self-insurer to seek their views regarding the application. The Agent or Self-insurer has 3 days to advise WIC whether they consent to the application; otherwise WIC will make a decision without taking into account their views. If the Agent or Self-insurer advise WIC they:
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agree to the application, WIC will allow the extension of time/late lodgement
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oppose the application, WIC will decide within 2 business daysif it will allow the extension/late referral
WIC will consider the extent and reasons for the delay, the worker’s circumstances and any other relevant factors in determining whether to allow an extension, or an out of time/late referral, including whether there is a concurrent WCIRS review of the disputed decision.
Where the sole reason for the delay or request for extension is because the worker has made an application to WCIRS which has not finalised, Agents should not object to the request or referral.
Multiple disputes
If the worker has referred multiple disputes to arbitration, WIC may decide to hear the disputes together for convenience. In this case, a single Arbitration Book can be produced for documents relating to all relevant disputes.